Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11085 of 2019 Petitioner :- Abdulla And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shabana Nizam,Ran Vijay Singh Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Ms. Shabana Nizam and Shri Ran Vijay Singh, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioner, with a further prayer for quashing the impugned FIR dated 8.4.2019 registered as Case Crime No.0449/2018, under Section 3/5A/8 of the Cow Slaughter Act and Section 1 of Prevention of Animal Cruelty Act, 1960, P.S. Handiya, District Allahabad.
It is submitted by learned counsel for the petitioners that petitioners are innocent, have no previous criminal history and have been falsely implicated in the present case. The allegations levelled against them are absolutely false, frivolous and baseless. From a perusal of the FIR, no offence is made out against the petitioners, same be quashed.
Per contra learned A.G.A, submitted that from the perusal of the impugned F.I.R, and on the basis of the allegations made therein, it cannot be said that no cognizable offence is disclosed against the petitioners.
After having heard learned counsel for the parties and perusing the impugned F.I.R, we are not inclined to quash the same.
However, considering the peculiar facts and circumstances of the case, we direct that investigation of the aforesaid case shall go on but the petitioners shall not be arrested till the submission of police report under Section 173(2) Cr.P.C, subject to their extending full co- operation during investigation.
With the aforesaid direction, this petition is finally disposed of.
Order Date :- 29.4.2019 N.S.Rathour